California Code of Civil Procedure

§ 1258.290

CCP § 1258.290Title 7 · Part 3 · Ch. 7 · Art. 2

Statute text

(a)The court may, upon such terms as may be just (including but not limited to continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness, or permit a witness called by a party to testify to an opinion or data on direct examination, during the party’s case in chief where such witness, opinion, or data is required to be, but is not, included in such party’s list of expert witnesses or statements of valuation data if the court finds that such party has made a good faith effort to comply with Sections 1258.210 to 1258.260, inclusive, that he has complied with Section 1258.270, and that by the date of exchange he:

(1)Would not in the exercise of reasonable diligence have determined to call such witness or discovered or listed such opinion or data; or

(2)Failed to determine to call such witness or to discover or list such opinion or data through mistake, inadvertence, surprise, or excusable neglect.

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Legislative history

Added by Stats. 1975, Ch. 1275.